What Is an Annulment in New Jersey? | What to Know

To learn more about annulments in New Jersey, do not hesitate to reach out to our skilled Monmouth County divorce & separation attorneys. Our legal team is on your side through each step of the way. Give us a call today to get started.

Who qualifies for an annulment in New Jersey?

According to New Jersey law, if your marriage is annulled, it is as if it never happened. Even today, there are still some people who believe that divorce holds a stigma, so instead, they choose to pursue an annulment instead. Keep in mind that the state of New Jersey allows for an annulment only under specific conditions including the following:

  • If you or your spouse married when you were under the age of 18, and have not had sexual relations since you turned 18
  • If you or your spouse were unable to consent to the marriage because of a mental condition or intoxication
  • If you or your spouse were induced to marry because of fraud or lies
  • If you or your spouse were induced to marry because of a threat
  • If you or your spouse are too closely related to be married, making the marriage illegal
  • If you or your spouse were already married to someone else (bigamy)
  • If you or your spouse had incurable impotence at the time you married

To obtain an annulment in New Jersey, either you or your spouse must be a resident at the time you file your Complaint for Annulment.

How does the process work?

The annulment process starts when you (or your spouse) fills out and files a “Complaint for Annulment.” In the complaint, you will supply basic information about you and your spouse, and the bases for annulment. Because this is considered a legal action, your spouse must be officially “served” with the complaint.

Next, the judge will enter a decree of annulment, without a hearing, if your spouse agrees with the objection. You will want to recognize, however, that you and your spouse will have to testify before a judge if he or she does not consent to the annulment. In this case, you will be expected to present evidence proving one of the grounds for annulment.

While annulment is very distinct from divorce (in which the fact of the disbanded marriage is still acknowledged), there may be some parallels. For example, the judge may make decisions about child custody and support, and in some rare instances may award spousal support.

CONTACT OUR EXPERIENCED NEW JERSEY FIRM

If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.